Statutory Rule 2001 No. 127

Extensification Payment Regulations (Northern Ireland) 2001

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STATUTORY RULES OF NORTHERN IRELAND

2001 No. 127
AGRICULTURE
Extensification Payment Regulations (Northern Ireland) 2001

	Made	22nd March 2001
	Coming into operation	27th April 2001

The Department of Agriculture and Rural Development, being a Department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Extensification Payment Regulations (Northern Ireland) 2001 and shall come into operation on 27th April 2001.

Interpretation
     2. - (1) The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

    (2) In these Regulations -

"authorised person" means a person who is authorised by the Department, either generally or specially, to act, subject to regulation 13, in matters arising under these Regulations;

"beef special premium" means the special premium for male bovine animals provided for in Article 4 of Council Regulation 1254/1999;

"bovine animal" means an animal of the domestic bovine species;

"cattle passport" means, in relation to a bovine animal -

"census date" means a date determined by the Department pursuant to the first sub-paragraph of Article 32(3) of Commission Regulation 2342/1999, on which bovine animals on claimants' holdings are to be counted in accordance with the third sub-paragraph of the said Article 32(3);

"claim" means an indication, given in accordance with Article 32(1) of Commission Regulation 2342/1999, that a producer wishes to participate in the extensification payment scheme and "claimed", in relation to an extensification payment, shall be interpreted accordingly;

"claimant" means a producer who submits a claim;

"claimant's document" means any of the following documents or records, whether in writing or kept by means of a computer -

"the Community rules" means the rules concerning the extensification payment laid down in Articles 12, 13, 21 and 23 of Council Regulation 1254/1999 and Chapter IV of Commission Regulation 2342/1999;

"Department" means the Department of Agriculture and Rural Development;

"extensification payment" means the extensification payment granted, for each beef special premium and suckler cow premium granted, to producers who comply with certain stocking density requirements, which is provided for in Article 13 of Council Regulation 1254/1999;

"holding" means all the production units managed by a producer situated within the United Kingdom;

"officer" means a director, manager, secretary or other similar officer of a claimant which is a body corporate, or any person who purports to act in any such capacity;

"producer" has the same meaning as in Chapter 1 of Title I of Council Regulation 1254/1999;

"relevant competent authority" has the same meaning as in the IACS Regulations;

"the simplified scheme" means the system of checking compliance with the stocking density requirements laid down in Article 13(2) of Council Regulation 1254/1999 on the basis of a claimant's declaration and undertaking, which is provided for in Article 32(4) of Commission Regulation 2342/1999;

"specified control measure" means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;

"the standard scheme" means the system of checking compliance with the stocking density requirements laid down in Article 13(2) of Council Regulation 1254/1999 by counting bovine animals on census dates, which is provided for in Article 32(3) of Commission Regulation 2342/1999;

"suckler cow premium" means the premium for maintaining suckler cows provided for in Articles 6 to 10 of Council Regulation 1254/1999.

    (3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

Application
     3. Regulations 4 to 8 shall apply to claimants to the extent that the Department is the relevant competent authority in relation to their holdings for the purposes of the IACS Regulations.

Choice of scheme
     4. A claimant may, when making a claim, choose for the calendar year in question the simplified scheme, instead of the standard scheme.

Supporting information
     5. - (1) A claimant shall, at the request of the Department, supply to the Department such information and such documents as the Department may reasonably require for the purpose of determining whether the claimant qualifies for an extensification payment.

    (2) Where the Department requires such information or documents, the claimant shall supply the Department with it or them within such period as the Department reasonably may determine.

Pasture land
     6. For the purposes of Article 13(3)(c) of Council Regulation 1254/1999 (which requires that a claimant's forage area consists of at least fifty per cent of pasture land), pasture land is defined as grassland, including rough grazing, which, following the local farming practices, is recognised as being destined for grazing bovine animals or sheep or both.

Withholding and recovery of extensification payments
     7. The Department may withhold, or recover on demand, the whole or any part of any extensification payment claimed from or granted by it in any of the following circumstances -